Lease Agreement Checklist: 10 Clauses Every Lease Must Include

A lease agreement is not just a formality — it is the legal framework that governs every aspect of the landlord-tenant relationship for months or years. A lease with missing clauses creates disputes. A lease with vague clauses creates expensive disputes.

Whether you are a landlord drafting a new lease or a tenant reviewing one before signing, this is the complete checklist. Ten essential clauses, what each must say, and the state-specific rules that change the requirements depending on where the property is located.

The 10-clause lease agreement checklist

1. Identification of parties and property

What to include:

• [ ] Full legal names of all landlords (or property management company with authority to act)
• [ ] Full legal names of all tenants who will occupy the property
• [ ] Complete property address including unit number
• [ ] Description of included spaces: parking spots, storage units, garage, yard, balcony
• [ ] Included fixtures and appliances (refrigerator, washer/dryer, dishwasher, window treatments)
• [ ] Property condition documentation: reference a move-in inspection checklist signed by both parties

Why it matters: If the property is not precisely identified, disputes arise about what spaces the tenant can use. If tenants are not all named, unnamed occupants have no obligation under the lease. The move-in inspection prevents disputes about pre-existing damage when the security deposit is returned.

2. Lease term and renewal

What to include:

• [ ] Lease start date and end date
• [ ] Term type: fixed-term (6 months, 12 months) or month-to-month
• [ ] Automatic renewal provisions: does the lease convert to month-to-month after the initial term, renew for another fixed term, or expire?
• [ ] Notice to terminate or not renew: how many days before the end of the term must either party give notice (typically 30–90 days)
• [ ] Rent adjustment on renewal: can the landlord increase rent upon renewal, and if so, by how much or with how much notice?
• [ ] Holdover tenant provisions: what happens if the tenant remains after the lease expires without renewal (typically converts to month-to-month at a higher rate)

State-specific note: Some jurisdictions have rent control laws that limit rent increases upon renewal. New York City, San Francisco, Los Angeles, and several other cities have specific caps. Your lease must comply with local ordinances.

3. Rent terms

What to include:

• [ ] Monthly rent amount in numbers and words
• [ ] Due date (typically the 1st of each month)
• [ ] Acceptable payment methods (check, electronic transfer, online portal)
• [ ] Where to send or submit payment
• [ ] Grace period: how many days after the due date before late fees apply (typically 3–5 days; some states mandate a minimum grace period)
• [ ] Late payment fees: dollar amount or percentage (states cap this — California allows a "reasonable" late fee, New York limits to a percentage of rent)
• [ ] Returned check / failed payment fee
• [ ] Prorated rent for partial first or last month

Enforceability warning: Late fees that are punitive rather than compensatory may be unenforceable. Courts in most states require late fees to bear a reasonable relationship to the landlord's actual costs of collecting late rent. A $500 late fee on $1,200 rent is likely unenforceable.

4. Security deposit

What to include:

• [ ] Deposit amount (must comply with state caps)
• [ ] Where the deposit is held (some states require separate escrow accounts or interest-bearing accounts)
• [ ] Conditions for deductions: damage beyond normal wear and tear, unpaid rent, cleaning costs, unreturned keys
• [ ] Definition of "normal wear and tear" vs. "damage" (faded paint = wear and tear; holes in walls = damage)
• [ ] Itemized deduction requirement: landlord must provide a written list of deductions with receipts
• [ ] Return timeline: number of days after move-out to return the deposit (varies by state — 14 days in California, 14 days in New York, 30 days in Texas, 45 days in Maryland)
• [ ] Move-out inspection process: walk-through with tenant, documentation, dispute resolution

State-specific rules are critical here. Security deposit law is one of the most heavily regulated areas of landlord-tenant law. Violations can result in penalties of 2x or 3x the deposit amount in many states. Get this clause wrong, and the financial penalty to the landlord far exceeds the deposit itself.

5. Maintenance and repairs

What to include:

• [ ] Landlord responsibilities: structural repairs, plumbing, electrical, heating/cooling systems, roof, common areas, pest control, compliance with building codes and habitability standards
• [ ] Tenant responsibilities: routine maintenance (changing air filters, light bulbs, smoke detector batteries), keeping the unit clean, reporting maintenance issues promptly, lawn care (if applicable)
• [ ] Repair request process: how the tenant reports issues (written notice, online portal, emergency phone number)
• [ ] Emergency repairs: landlord's obligation to address emergencies within a specified timeframe (typically 24 hours for habitability issues — no heat, no water, flooding, gas leak)
• [ ] Non-emergency repairs: reasonable timeline for completion (typically 7–14 days)
• [ ] Tenant's right to repair and deduct: in some states, if the landlord fails to make essential repairs within the statutory timeframe, the tenant may hire a contractor and deduct the cost from rent (California, Massachusetts, Montana, and others)

Habitability standards: Every state has an implied warranty of habitability — the property must be fit for human habitation. This includes functioning plumbing, heating, electricity, weatherproofing, and freedom from health hazards. A lease clause that attempts to waive the warranty of habitability is void and unenforceable.

6. Utilities and services

What to include:

• [ ] Which utilities the landlord pays (common: water, sewer, trash, pest control in multi-unit buildings)
• [ ] Which utilities the tenant pays (common: electricity, gas, internet, cable)
• [ ] Utility account transfer process: when and how the tenant establishes accounts in their name
• [ ] Shared utility arrangements: if utilities are shared between units, how costs are divided
• [ ] Included services: landscaping, snow removal, pool maintenance, security systems

Why it matters: Utility disputes are among the most common landlord-tenant disagreements. If the lease does not clearly allocate responsibility, the landlord may receive unpaid utility bills after the tenant moves out, or the tenant may face unexpected costs.

7. Property use, modifications, and restrictions

What to include:

• [ ] Permitted use: residential only (no home business, no short-term rentals like Airbnb — unless explicitly permitted)
• [ ] Occupancy limits: maximum number of occupants (must comply with local occupancy codes)
• [ ] Guest policy: how long guests may stay before being considered unauthorized occupants (typically 7–14 consecutive days)
• [ ] Pet policy: whether pets are allowed, breed/size restrictions, pet deposit or monthly pet rent, number of pets, vaccination requirements
• [ ] Modification restrictions: no painting, no holes larger than a nail, no structural changes without written landlord approval
• [ ] Smoking policy: whether smoking is permitted on the premises or in designated outdoor areas only
• [ ] Subletting and assignment: whether the tenant may sublet or assign the lease, and the landlord's approval process
• [ ] Parking rules: assigned spaces, guest parking, vehicle restrictions
• [ ] Noise and nuisance: quiet hours, prohibited activities, compliance with community rules

8. Landlord access and inspections

What to include:

• [ ] Required notice period before entry (24–48 hours is standard; check state law)
• [ ] Notice method: written notice delivered to the tenant (posting on door, email, or text may be acceptable depending on jurisdiction)
• [ ] Permitted reasons for entry: repairs, inspections, showing the unit to prospective tenants or buyers, emergencies
• [ ] Emergency entry: landlord may enter without notice in genuine emergencies (fire, flooding, gas leak, suspected abandonment)
• [ ] Tenant's right to be present during inspections
• [ ] Frequency limits: routine inspections should not be excessive (quarterly is generally reasonable)

Tenant privacy rights: The right to quiet enjoyment is implied in every lease in every state. Excessive or unannounced entries can constitute harassment and may give the tenant grounds to terminate the lease or seek damages.

9. Termination and early termination

What to include:

• [ ] End of term: lease expires on the stated end date unless renewed
• [ ] Early termination by tenant: conditions under which the tenant may break the lease early (job relocation, military deployment under SCRA, domestic violence in applicable states)
• [ ] Early termination fee: a fixed fee (typically 1–2 months' rent) if the tenant breaks the lease without qualifying cause
• [ ] Landlord's duty to mitigate: in most states, the landlord must make reasonable efforts to re-rent the unit rather than holding the departing tenant liable for the full remaining rent
• [ ] Termination for cause: non-payment of rent (typically 3–5 day notice to pay or quit), material breach of lease terms (typically 10–30 day notice to cure)
• [ ] Eviction process: reference to applicable state eviction procedures (landlord cannot lock out or remove tenant without a court order)
• [ ] Move-out requirements: condition the unit must be in upon departure, cleaning expectations, key return process

10. Governing law and required disclosures

What to include:

• [ ] Governing law: which state's laws apply to the lease
• [ ] Federal disclosures:
  • [ ] Lead-based paint disclosure (required for properties built before 1978)
  • [ ] EPA pamphlet acknowledgment
• [ ] State-specific disclosures (vary by state, but common requirements include):
  • [ ] Mold disclosure (California, Indiana, Maryland)
  • [ ] Bed bug history (Maine, Connecticut)
  • [ ] Flood zone status (multiple states)
  • [ ] Registered sex offender database notice (multiple states)
  • [ ] Move-in inspection checklist (many states)
  • [ ] Landlord or property manager contact information
  • [ ] Security deposit bank name and address (where required)
• [ ] Dispute resolution: mediation or arbitration before litigation (optional but recommended to reduce costs for both parties)
• [ ] Severability: unenforceable provisions do not invalidate the entire lease
• [ ] Entire agreement: the lease supersedes all prior verbal or written agreements

Quick reference: the complete lease agreement checklist

Before signing any lease, confirm it includes:

1. Parties and property — Names, address, unit, included spaces, move-in inspection
2. Lease term — Start/end dates, renewal, holdover provisions, notice periods
3. Rent — Amount, due date, grace period, late fees, payment methods
4. Security deposit — Amount, escrow, deductions, return timeline, state compliance
5. Maintenance — Landlord vs. tenant responsibilities, repair timelines, habitability
6. Utilities — Who pays what, transfer process, shared arrangements
7. Property use — Occupancy limits, pets, modifications, subletting, noise rules
8. Access rights — Notice period, permitted reasons, emergency entry, privacy
9. Termination — Early termination fees, cause, eviction process, move-out requirements
10. Legal compliance — Governing law, federal and state disclosures, dispute resolution

Create your lease agreement now

Lease law varies significantly by state — what is standard in Texas may be illegal in California. A generic template downloaded from the internet does not account for these differences.

Create a lease agreement on Contract.diy — jurisdiction-aware, covering every clause on this checklist, with state-specific disclosures built in.